Victor Marrett and Carol Falconer (Petitioners) filed their Petition to Try Title Pursuant to G.L. c. 240, §§ 1-5 on August 21, 2012, and on September 19, 2014, Petitioners filed their Amended Petition to Compel Adverse Claimants to Try Title Pursuant to G.L. c. 240, §§ 1-5 (Petition), naming Residential Credit Solutions, Inc. (RCS) and Mortgage Electronic Registration Systems, Inc. (MERS) as respondents/adverse claimants. In the Petition, the Petitioners alleged that they are the record owners of the property located at 3 Bailey Road, Nantucket (Property) and called on the Respondents, RCS and MERS, to appear and try their claim to superior title to the Property. On December 10, 2012, RCS filed Adverse Claimants Answer to Petitioners Amended Petition and Adverse Claimants Crossclaim. On January 16, 2013, Petitioners filed Defendants-in-Counterclaims Answer and Affirmative Defenses to Plaintiffs-in-Counterclaims Counterclaim.
On August 22, 2014, Asset Acquisition & Resolution Entity, LLC (AARE) filed a Motion to Intervene and Substitute for RCS. On September 9, 2014, the parties filed a Stipulation of Dismissal with respect to MERS, and the court allowed AAREs Motion to Intervene and Substitute with respect to its intervention and denied it without prejudice with respect to its substitution for RCS. On July 6, 2015, RCS filed its Disclaimer of Interest, and on August 3, 2015, filed its Amended Disclaimer of Interest.
On August 27, 2015, AARE filed its Motion for Summary Judgment. On December 16, 2015, Petitioners filed their Opposition to AAREs Motion for Summary Judgment. On January 12, 2016, a hearing on AAREs Motion for Summary Judgment was held and the motion was taken under advisement. In a Memorandum and Order of even date, the Court (Foster, J.) has allowed AAREs Motion for Summary Judgment.
In accordance with the courts Memorandum and Order of even date, it is
ORDERED, ADJUDGED and DECLARED that Petitioners Victor Marrett and Carol Falconer hold no title to the Property. It is further
ORDERED, ADJUDGED and DECLARED that AARE holds clear, superior, record title to the Property by a deed from RCS dated January 9, 2014 and recorded in the Nantucket Registry of Deeds (registry) at Book 1470, Page 111 on January 26, 2015. It is further
ORDERED and ADJUDGED that all claims in the Petition against Respondents RCS and MERS are DISMISSED WITH PREJUDICE. It is further
ORDERED, ADJUDGED, and DECLARED that upon payment of all required fees, this Judgment or a certified copy of this Judgment may be recorded at the registry and marginally referenced on all relevant documents.
By the Court.